capita ir35?

[cosmic]

ok

thanks for the reply's. Yes i do know of IR35. Issue that i have come across is, its a 3 month contract but IR35 states that you cannot be fixed which doesnt make sense but it is what it is and most contracts are fixed. I did ask capita several times now if its within IR35 and they did say that they would be surprised if it was in. But I would be hired by capita for a project but its working for a government body. so wouldnt the end client be the government body which places me into IR35?

[northernladuk]

thanks for the reply's. Yes i do know of IR35. Issue that i have come across is, its a 3 month contract but IR35 states that you cannot be fixed which doesnt make sense but it is what it is and most contracts are fixed. I did ask capita several times now if its within IR35 and they did say that they would be surprised if it was in. But I would be hired by capita for a project but its working for a government body. so wouldnt the end client be the government body which places me into IR35?

I can see you know OF IR35 but do you KNOW IR35. Two different things. Also expand to your reading the difference between our contracts and a Fixed Term Contract which is actually one of employment.

Have a look in the Public Sector IR35 thread if this now involves a PS determination. Might have to do a google search but the question about working for a PS via a consultancy has been covered in there.

[Lance]

thanks for the reply's. Yes i do know of IR35. Issue that i have come across is, its a 3 month contract but IR35 states that you cannot be fixed which doesnt make sense but it is what it is and most contracts are fixed. I did ask capita several times now if its within IR35 and they did say that they would be surprised if it was in. But I would be hired by capita for a project but its working for a government body. so wouldnt the end client be the government body which places me into IR35?

That depends on Capita's contract with the PS body and your role within that.

If Capita are providing you as a bum on a seat then the PS body should determine your IR35 status. Although they may not know this and may not do it, which could leave you in a difficult situation where you determine yourself outside, and if investigated, the PS body just say you were always inside.

If you are a Capita resource, working on a Capita project, delivering to a PS body then the IR35 determination is for you to make but you need to understand it.